terms of use & legal notice

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE WILL INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEB SITE.

1.1 Legal Notices, Use of Site

Welcome to this Web site, which is owned and operated by ARKANALYTICS and/or ARKANALYTICS’ subsidiary, affiliate, or related company (throughout these Terms of Use “ARKANALYTICS” refers collectively to ARKANALYTICS AG, and its subsidiaries, affiliates, and related companies) (the “Site”). ARKANALYTICS maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). ARKANALYTICS reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

1.1.1 Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes of a personal and non-commercial nature; (b) the content may not be modified or altered in any way; and (c) you agree to retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not reproduce, republish, or publically display, perform or distribute, or otherwise use the materials or content of this site for any public or commercial purpose or prepare any modification or prepare derivative works based on the contents from the Site.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ARKANALYTICS without the express written consent of ARKANALYTICS. You may not use any meta tags or any other “hidden text” utilizing ARKANALYTICS’ name or trademarks without the express written consent of ARKANALYTICS. You may not use any ARKANALYTICS logo or other proprietary graphic or trademark as part of the link without express written permission. Any use of these materials on any other Web site or networked computer environment for any purpose not authorized by ARKANALYTICS in writing is prohibited.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by ARKANALYTICS, and you must immediately destroy any downloaded or printed materials.

Any statements contained within the Site concerning ARKANALYTICS’ future prospects are “forward looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates, and summary information contained in the Site. Important factors that could cause actual results to differ materially include but are not limited to factors discussed in ARKANALYTICS’ Annual Statements.

1.1.2 Reviews, Comments, Communications, And Other Content

ARKANALYTICS does not want to receive confidential or proprietary information from you through this Site. Any material, information, or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Personally identifiable information that you submit to ARKANALYTICS for the purpose of receiving products or services will be handled in accordance with ARKANALYTICS’ online Privacy Statement below.

By submitting content or information, you grant ARKANALYTICS a fully paid, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content, either alone or in conjunction with ARKANALYTICS products and services, throughout the world in any media or format. By submitting content or information you also represent and warrant that the information or content is accurate; you own or have permission to use and submit the information or content that you submit; and that use of the content will not violate the rights of any third party or cause injury to any person or entity. You agree to defend, indemnify, and hold harmless ARKANALYTICS employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may resulting from content or information you supply.

1.1.3 Products and Services Offered By ARKANALYTICS on the Site

ARKANALYTICS may offer products and services on the Site. When you enroll to obtain a product or service from ARKANALYTICS on the Site, you accept the specific agreement terms and conditions applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, ARKANALYTICS does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.

1.1.4 Patent Information

ARKANALYTICS owns one or more Swiss and international patents that apply to the products and services described on and/or provided through this Site. Such patented inventions are the exclusive property of ARKANALYTICS, and ARKANALYTICS reserves all rights in such inventions not specifically granted in any agreements or in these Terms of Use.

1.1.5 Copyright Information

The Site and the content within the Site are the property of ARKANALYTICS or its suppliers and are protected by Swiss copyright laws and international treaty provisions. The compilation, organization, and display of the content as well as all software applications used on and in connection with this Site are the exclusive property of ARKANALYTICS. ARKANALYTICS reserves all rights in the Site and its content not specifically granted in any agreements with ARKANALYTICS or in the Terms of Use.

1.1.6 Copyright Complaints

ARKANALYTICS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

1.1.7 Trademark Information

ARKANALYTICS and other marks indicated on our site are registered trademarks of ARKANALYTICS in Switzerland and/or other countries. Other ARKANALYTICS marks, graphics, logos, page headers, button icons, and scripts noted on the Site are ARKANALYTICS’ service marks, trademarks, and trade dress and are the sole and exclusive property of ARKANALYTICS. ARKANALYTICS’ service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits ARKANALYTICS, and in connection with any service or product that is not sponsored, endorsed, or produced by ARKANALYTICS. All other trademarks not owned by ARKANALYTICS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ARKANALYTICS or its subsidiaries.

1.1.8 Third-Party Web Sites and Information

The Site may provide hyperlinks to third-party Web sites or access to third-party content. If you use these links you will leave this Site. ARKANALYTICS has not reviewed all of these third-party sites, and does not control, endorse, or guarantee content found in such sites. You agree that ARKANALYTICS does not make any representations about such sites or their information, software, products, services, or materials, and is not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that if you should access any of the third-party Web sites linked to this Site, you do so at your own risk, and ARKANALYTICS shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience only.

1.1.9 Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND ARKANALYTICS, ALL CONTENT, SERVICES, PRODUCTS, AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARKANALYTICS AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY ARKANALYTICS ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. ARKANALYTICS DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND ARKANALYTICS, ARKANALYTICS, ITS SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ARKANALYTICS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

1.1.10 Indemnity

You agree to defend, indemnify, and hold harmless ARKANALYTICS, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.

1.1.11 Applicable Laws

All matters relating to your access to and use of the Site shall be governed by Swiss federal law or the laws of Zurich without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in court in the jurisdiction in which the specific Web site you are viewing is hosted.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

1.1.12 Contact Information

If you have any questions regarding these Terms of Use, please contactARKANALYTICS.